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TMI Blog2008 (2) TMI 440X X X X Extracts X X X X X X X X Extracts X X X X ..... thorities having found the undervaluation of the goods which are sent from the first unit to the second unit, recovered differential duty and subsequently, the revenue proceeded against the assessee on the ground that an amount of ₹ 3,37,989/- being the credit was wrongly taken in violation of the provisions of Rule 7(b) of Cenvat Credit Rules, 2002 r/w Section 11AC of the Central Excise Act ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... respondent-company has two units. One unit manufactures ingots (furnace division) and sends them to re-rolling division for further conversion to re-rolled products of various sizes. On investigation, it was found that there was under valuation of the goods, which are sent from the first unit to the second unit viz., the captively consumed goods were alleged to have been undervalued and the depart ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ps and Detergents Ltd. v. CCE, Mysore/Bangalore - 2005 (192) E.L.T. 892 (Tri.-Bang.) and having observed that when the DGCI officers detected the undervaluation and persuaded the assessee to pay the differential duty and the same was promptly paid even before the issuance of any show cause notice and since the goods are captively consumed in the second unit, the assessee took Cenvat credit and sub ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... authorities having found the undervaluation of the goods which are sent from the first unit to the second unit, recovered differential duty and subsequently, the revenue proceeded against the assessee on the ground that an amount of Rs. 3,37,989/- being the credit was wrongly taken in violation of the provisions of Rule 7(b) of Cenvat Credit Rules, 2002 r/w Section 11AC of the Central Excise Act. ..... X X X X Extracts X X X X X X X X Extracts X X X X
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